Download or read book Attorney General Opinion No 1987 065 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Under the provisions of Article 3, section 5 of the Kansas Constitution, no member of the Supreme Court Nominating Commission shall, while he or she is a member, hold any other "public office" by appointment. The term "public office" refers to the common-law concept of a public office, and except where the office of city attorney has been stripped of all prosecutorial and other sovereign power (through the exercise of home rule powers), a city attorney holds a public office. Cited herein: Kan. Const., Article 3, section 5.

Download or read book Attorney General Opinion No 1986 065 written by Robert T. Stephan and published by . This book was released on 1986 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A financing statement filed with the Secretary of State, pursuant to K.S.A. 1985 Supp. 84-9-410, must be accompanied by a copy of the most recent effective prior financing statement, and any amendments, on file with the Register of Deeds. Also required is a statement that the prior financing statement is still effective. Such transitional filing statement may not be filed if not accompanied by these supporting documents. Cited herein: K.S.A. 84-1-401; K.S.A. 1985 Supp. 84-9-410.

Download or read book Attorney General Opinion No 1987 045 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The mere fact that two members of a five-member city council in a city of the third class are married to each other does not violate the open meetings law or any other Kansas statute. Cited herein: K.S.A. 12-3002; 13-2903; 15-101; 15-106; 15-201; 15-209; 75-4317; 75-4317a; K.S.A. 1986 Supp. 75-4318.

Download or read book Attorney General Opinion No 1987 121 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 20-105 provides that to be qualified to hold the office of justice of the supreme court or judge of the court of appeals, a person must have been regularly admitted to practice law in Kansas and have engaged in the active and continuous practice of law for a period of at least ten years prior to the date of appointment as justice or judge. Though the strict definition of "active practice" would require that the legal activities of the person in question be pursued on a full-time basis and constitute his regular business, the general rule that statutory provisions imposing qualifications for office should be construed in favor of those seeking to hold office would serve to soften this requirement. Thus, a potential nominee need not be a full-time trial attorney to be considered as actively engaged in the practice of law, and is not automatically disqualified merely for holding a position which does not require legal expertise. Cited herein: K.S.A. 20-105; 20-3002; K.S.A. 1986 Supp. 22-3707.

Download or read book Attorney General Opinion No 1987 023 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Since it is the client's intent which governs the distinction between privileged and non-privileged communications, a determination of whether or not information exchanged between attorney and client is privileged requires a case-by-case consideration. To ensure compliance with the dictates of Canon 4 of the Code of Professional Responsibility and K.S.A. 60-426, when a supervising agency requests that an attorney release particular client information for enumerative or evaluative purposes, the attorney may either obtain the client's consent to do so, or, if the client refuses, compile the requested data in a less intrusive manner. If, however, the agency requests the data for purposes of determining a client's financial eligibility onto satisfy funding requirements, the exception to the privilege under DR-4-101(C)(4) would apply, making the aforementioned precautions unnecessary. Cited herein: K.S.A. 45-217; 45-221; 60-426; K.S.A. 1986 Supp. 20-3100, Supreme Court Rule No. 225, D.R. 4-101.

Download or read book Attorney General Opinion No 1987 174 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The intent of L. 1987, ch. 215 is to encourage individuals to serve as volunteers for certain nonprofit organizations by granting to the volunteer immunity from liability for negligent acts or omissions. There are limitations to this immunity. For the act to apply, the organization must carry general liability insurance which will pay on behalf of the insured when an individual suffers loss for which the insured is liable. The exact amount and type of insurance required is to be determined in light of the exposure to liability which arises out of the organization's activities. Cited herein: L. 1987, ch. 215, sec. 1 (to be codified at K.S.A. 1987 Supp. 60-3601).

Download or read book Attorney General Opinion No 1975 065 written by Curt Thomas Schneider and published by . This book was released on 1975 with total page 3 pages. Available in PDF, EPUB and Kindle. Book excerpt: "You have requested an opinion from this office interpreting the phrase, "when provision has been made for payment by the issuance of bonds as provided by law," as it is employed in K.S.A. 1974 Supp. 10-1116. This phrase prescribes a qualification for an exemption to the cash basis law."

Download or read book Attorney General Opinion No 1987 013 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: District attorneys and their agents are state employees for purposes of the Kansas Tort Claims Act. Cited herein: K.S.A. 22a-101, 22a-106, 25-2505, 75-6101, 75-6102.

Download or read book Attorney General Opinion No 1990 065 written by Robert T. Stephan and published by . This book was released on 1990 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Pursuant to K.S.A. 1989 Supp. 74-7312(a), 74-7301(d) and 74-7305(c)(1), the state should be subrogated to the victim's receipt of restitution to the extent of the victim's award from the crime victims compensation board. Cited herein: K.S.A. 21-4610; K.S.A. 1989 Supp. 74-7301; 74-7305; 74-7312.

Download or read book Attorney General Opinion No 1987 007 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 25-302a requires that the circulator of a petition circulated pursuant to that statute be a registered voter of the county in which the petition is circulated. The statute requires additionally that petitions circulated under K.S.A. 25-302a be examined for sufficiency pursuant to the provisions of K.S.A. 25-3601 e̲t̲ s̲e̲q̲. K.S.A. 25-3602(c) states that the circulator of a petition shall be a resident of the political or taxing subdivision in which the election is sought to be held. In that a person may have only one residence under Kansas law, an individual in Kansas is prohibited from claiming simultaneous residence in one county, and voter registration (and thus residence) in another county. Accordingly, in light of these statutory provisions, the circulator of a petition may not collect signatures from residents of other counties even if they sign the petition while in the circulator's county. Cited herein: K.S.A. 25-302a; 25-407; 25-3602; K.S.A. 1986 Supp. 77-201.

Download or read book Attorney General Opinion No 1987 098 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Mutual funds may not be used as securities for the deposit of state and municipal funds. Cited herein: K.S.A. 1986 Supp. 9-1101; 9-1402; 75-4201; K.A.R. 17-11-2; 15 U.S.C. section 80a-1 e̲t̲ s̲e̲q̲.

Download or read book Attorney General Opinion No 1987 126 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Medical costs incurred by an indigent offender before or at the time of arrest are to be borne by the county if the offender is subsequently charged with a violation of state law.

Download or read book Attorney General Opinion No 1987 066 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In that minors are protected by the United States Constitution and possess constitutional rights, absolute prohibitions on family planning (contraceptive) services for minors are unconstitutional. However, because activities of minors may constitutionally be regulated more strictly than those of adults, reasonable parental consultation restrictions, such as notice, may be placed on a minor's decision of whether or not to use contraceptive devices. Mandatory parental consent requirements for all contraceptive services to minors are unconstitutional. Cited herein: K.S.A. 23-501; 38-101; 38-123; 38-123b; K.S.A. 1986 Supp. 65-2891; K.S.A. 65-2892; 65-2892a.

Download or read book Attorney General Opinion No 1987 078 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Pursuant to the provisions of K.S.A. 26-201, a city may appropriate private property by eminent domain for a public use. Acquisition of a railroad depot building which is included on the state register of historic places constitutes a public use. Cited herein: K.S.A. 26-201; 75-2714.

Download or read book Attorney General Opinion No 1987 032 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Pursuant to K.S.A. 79-1103 e̲t̲ s̲e̲q̲., there is no exemption from personal property taxation upon the tangible personal property of a bank. In its capacity as receiver of a failed bank, the FDIC is liable for whatever taxes are due and owing by the failed bank. Cited herein: K.S.A. 9-1901 e̲t̲ s̲e̲q̲.; 60-1301 e̲t̲ s̲e̲q̲.; 79-101; 79-301; 79-304; 79-1103; 79-1105a; 79-1107.

Download or read book Attorney General Opinion No 1987 058 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Except as specifically provided by K.S.A. 40-2,105, an insurance policy may not contain different benefit limits for inpatient treatment of alcoholism, drug abuse, and nervous or mental conditions than those limits provided for other medical conditions. Cited herein: K.S.A. 40-2,105; L. 1986, ch. 174.

Download or read book Attorney General Opinion No 1987 093 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In Kansas, title by adverse possession cannot be invoked against a governmental subdivision of the state by a private individual.